Streetsblog Capitol Hill

On our walk down the memory lane of 2011 so far, we’ve talked about some downers, some inspirations, some triumphs, and some struggles. Check out our first two installments of year-end Streetsie award nostalgia. Here’s some more.

Best Obama Plan That Died a Slow and Horrible Death This Year: How to choose, when there were so many? The president laid out a big, bold, ambitious transportation plan for the next six years but then stayed mum on the all-important question of how to fund it, and so, predictably, it died. His American Jobs Act included $50 billion for infrastructure projects, including at least $13 billion for rail and transit. It, too, went nowhere fast.

Obama's high-speed rail plans took a fast train to nowhere. Photo: America 2050

That wasn’t Obama’s fault, but if you’re looking for a reason to be angry at him, look no further than the ozone pollution rules the EPA was going to strengthen. The president froze at the last minute and decided to hold off another couple years, to give the economy a chance to recover (or business interests a chance to vote for him). The new ozone standard would have saved an estimated 12,000 lives and made transportation reforms essential.

But who could blame the 47 percent of you who awarded the Streetsie for saddest death of an Obama program to high-speed rail? Congress takes every opportunity to yank money away from the program, three Republican governors have very publicly thumbed their noses at federal funds, and the only true high-speed rail line with the potential to be truly transformative is in deep doo-doo in California. So much for 80 percent access in 25 years.

Non-Presidential Vices: Yes, we had our share of letdowns from President Obama this year. But not all our disappointments were related to him. We were also bummed to see plans scrapped for the Woodward Light Rail line in Detroit, and the failure of the Seattle car tab fee, which would have gone to transit, bike/ped and road maintenance. And certainly we were disappointed that the Senate transportation bill, in the end, didn’t keep dedicated funding for bike/ped. But the Streetsie for the biggest letdown has to go to the bait-and-switch the House Republicans pulled about funding their transportation plan.

It was simple enough when they were threatening to cut spending by a third so as not to overspend Highway Trust Fund receipts. Just about everyone hated the idea. But then the GOP said they’d match current levels and it seemed the best of both worlds – reasonable spending levels and a longer-term bill than the Senate was offering.

Hallelujah! So what’s the catch?

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Leave it to the Brits to create an incredible tool for examining America’s own crisis of traffic fatalities. Behold this somber map, made by ITO World, a UK-based transportation information firm. Each dot on the map is a traffic-related death. The entire eastern United States is blanketed with them.

The purple dots represent vehicle occupants – not necessarily drivers – who were killed. It may look like a lot of purple, and it certainly is, but when you zoom in closer you see a lot of blue dots, for pedestrians, as well as an awful lot of yellow dots, for motorcyclists. The green dots for bicyclists are fewer and farther between, but if you zoom into the cities, you’ll find them. Each dot even lists the year of the crash and the victim’s age and gender.

ITO World got their fatality data from the Fatality Analysis Reporting System of the National Highway Traffic Safety Administration. It appears they’ve captured not just fatalities on highways but on local streets as well.

The World Health Organization reports 12.3 annual traffic deaths per 100,000 inhabitants in the United States. Compare that with 3.85 in Japan and 4.5 in Germany. If the U.S. achieved similar rates, more than 20,000 deaths would be prevented each year.

This map is a useful way of visualizing the terrible consequences of our auto-addicted culture. Beyond that, it can be an indispensable tool for community transportation advocates to show local officials where problem spots are and how their community compares to others.

Bike/ped funding is pitching a perfect game in the Senate after Republicans swung (and missed) at the popular Transportation Enhancements program for the third time in two months. The final strike came this morning, when Kentucky Republican Rand Paul’s amendment to divert all TE funds to bridge repair failed spectacularly, garnering only 38 votes in favor, with 60 senators voting against.

Sen. Paul's amendment to divert bike/ped funds to bridge repair failed this morning. Photo: Run Rand Run

Paul continually asserted that the Transportation Enhancements program funds “beautification projects – such as movie theaters, squirrel sanctuaries, turtle tunnels and flower beds,” despite the fact that the program largely funds life-saving and pollution-reducing projects facilitating bicycle use and walking.

Paul had tried to present bike/ped programs and bridge safety as mutually exclusive by trying to shift money from the TE program to bridge repair. Transportation reformers (and mainstream reporters) cut right through that, showing that the money needed to fund bridge repair far outstrips what’s available in the modest TE program — and making the case that increased cycling (and decreased driving) does more to help keep bridges in good shape than this misguided amendment could ever do.

Plus, as Sen. Barbara Boxer (D-CA) said on the Senate floor, Paul’s amendment could actually prevent some bridges from being fixed.

“The amendment prevents a bridge from being fixed if it is a historic bridge,” said Boxer. “There are thousands of those in this country, including the Brooklyn Bridge.” She also spoke in favor of keeping critical safety funds for bicycling.

Sen. Paul remarked after the vote that he was “disappointed” that his colleagues “failed to see” crumbling bridges, including two major ones in his home state of Kentucky, as a priority. But supporters of biking and walking infrastructure — as well as people who just care about smart funding decisions in Washington — are relieved that senators didn’t fall for the false choice Paul put before them.

Transportation for America will have a vote count online soon, so you can see how your senator voted.

The first shocking thing about Raquel Nelson’s conviction for vehicular homicide was simply that it happened at all. After all, the mother of three wasn’t even driving a car — she was crossing a wide street with poor pedestrian infrastructure when her four-year-old son was killed by a hit-and-run driver.

Image: The Today Show

The second shocking thing about the case was that it captured so much media attention. Sure, Streetsblog was going to cover it. But the Today Show? Fox News?

As encouraging as it was to see so much mainstream broadcast media focused on Nelson’s case — and all in a sympathetic light — little of that coverage got to the root of the problem: dangerous street design in auto-centric communities.

So we’re glad to see the Washington Post remedying that situation by printing an op-ed by David Goldberg, communications director at Transportation for America. In his piece yesterday, Goldberg said:

Nelson was found guilty of killing her son by crossing the road in the “wrong” place. But what about the highway designers, traffic engineers, transit planners and land-use regulators who placed a bus stop across from apartments but made no provision whatsoever for a safe crossing? Those who ignored the fact that pedestrians always take the shortest possible route but somehow expected them to walk six-tenths of a mile out of their way to cross the street? Those who designed this road — which they allowed to be flanked by apartments and houses — for speeds of 50 mph and more? And those who designed the entire landscape to be hostile to people trying to get to work or carrying groceries despite having no access to a car? Are they not culpable?

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UPDATE 7/27: Raquel Nelson has, in fact, chosen the option of a new trial.

The last thing the jury heard from Raquel Nelson’s defense lawyer, before they convicted her, was the tape of her frantic 911 call after her son, A.J., was hit by a car. “1-2-3-4-5-6, doing chest compressions on her son, screaming,” recalls attorney David Savoy. “There was not a dry eye in that court room.”

The jury then decided to convict her of vehicular homicide, jaywalking, and reckless conduct.

A.J. Nelson, age 4, was killed while crossing the street between a bus stop and his home with his mother and two sisters.

The jury, as has often been noted, was all white and not transit-dependent. Indeed, Savoy said, the entire pool of 15 jurors they had to choose from was white. And Cobb County jurors are selected for service based on drivers license information.

While certainly many car-free people have drivers licenses – Raquel Nelson included – it’s a symbol, at least, of the auto-centrism of the entire process that convicted Ms. Nelson.

At sentencing, Judge Kathryn Tanksley handed down a relatively light sentence – involving no jail time, at least – but also granted a motion for a new trial before the defense even made a motion asking for a new trial. “We had motion for a new trial ready to file,” Savoy said. “I didn’t even need to pull it out of my briefcase.”

“It’s one of the most shocking things I’ve ever been involved with,” Savoy said. “A judge, on her own motion, granting a new trial.”

He wouldn’t speculate as to why the judge was moved to do so. But he did mention that the jury had made its decision based on the evidence that the judge allowed, indicating that there was other defense evidence that the judge did not allow. Perhaps she regretted that decision, disagreed with the jury’s harsh verdict, and thought a new trial would wipe the slate clean.

Despite the trauma that the case has caused Nelson and her family, Savoy is “pretty certain” she’ll take the option of a new trial. “Three misdemeanors, for crossing the street,” Savoy said. “That doesn’t sit right with her, or with me.”

Given the avalanche of negative attention the case has brought upon the Cobb County court system, the county may decide not to re-try the case at all. Indeed, although judges are supposed to be immune to public opinion, Judge Tanksley must have been aware of the packed courtroom, full of reporters, that greeted her on the day of sentencing. Even if she hadn’t watched the broadcast coverage, seen the petitions, or read the blogs about the case, she must have known the case was attracting major national attention.

“I’ve never understood the power of the blogosphere,” Savoy told me, “and now, I’m humbled.”

We’ve written quite a bit about Raquel Nelson over the past week or so, but now, we’ll let her speak for herself. The Today Show devoted an eight-minute segment to her case this morning, including an interview with Raquel.

Nelson’s lawyer, David Savoy, also contacted me this morning to respond to my inquiries about how people can help. (He wouldn’t answer questions about the case itself until sentencing is over.)

Savoy says that while the petitions that are circulating are an important show of support, what really counts are letters to the judge from residents of Cobb County, Georgia — the judge’s own constituents. He emphasized that people should not contact the judge directly, but if Cobb County residents want to email me at tips@dc.streetsblog.org today, I will send the emails on to Savoy and he will present them by hand to the judge. Time is of the essence, because sentencing is tomorrow at 10:30 a.m. This is your chance to respectfully ask the judge for leniency. And remember, she’s not the one who convicted Nelson in the first place — a jury did that. Please include your address on the letter.

Nelson’s aunt, who appears next to her on the Today Show, is setting up a legal defense fund. Many readers expressed interest in contributing to such a fund. I spoke to Nelson’s aunt myself, in between their appearances on the Today Show and MSNBC. She thanks people for their generosity and says they can send contributions to Chase Bank, 1050 E Piedmont Rd, Suite Y, Marietta, Georgia 30062. You can make the check out to Raquel Nelson Legal Defense Fund.

This photo shows the bus stop on Austell Road and the path taken by Raquel Nelson to get to her apartment complex across the street. No marked crossings are visible in the photo. Source: T4America

Last week, we reported on the horrific story of Raquel Nelson, whose four-year-old son was killed as she attempted to cross the street with him to reach their home. Nelson was convicted of reckless conduct, improperly crossing a roadway and second-degree homicide by vehicle, all for the crime of being a pedestrian in the car-centric Atlanta suburbs. The conviction carried a sentence of up to 36 months, while the driver who killed Nelson’s son — who’d been drinking and using painkillers before getting behind the wheel — got off with six months on a hit-and-run charge.

Many of you responded with outrage. The more information that came out, the more outrageous the charges against Nelson became. From an Atlanta Journal-Constitution story that came out the month after the incident:

On April 10, she and her three children — Tyler, 9, A.J., 4, and Lauryn, 3 — went shopping because the next day was Nelson’s birthday. They had pizza, went to Wal-Mart and missed a bus, putting them an hour late getting home. Nelson, a student at Kennesaw State University, said she never expected to be out after dark, especially with the children.

When the Cobb County Transit bus finally stopped directly across from Somerpoint Apartments, night had fallen. She and the children crossed two lanes and waited with other passengers on the raised median for a break in traffic. The nearest crosswalks were three-tenths of a mile in either direction, and Nelson wanted to get her children inside as soon as possible. A.J. carried a plastic bag holding a goldfish they’d purchased.

“One girl ran across the street,” Nelson said. “For some odd reason, I guess he saw the girl and decided to run out behind her. I said, ‘Stop, A.J.,’ and he was in the middle of the street so I said keep going. That’s when we all got hit.”

Look at all the ways the design of the city’s transportation system failed Nelson and her family. Bus service runs once an hour. There is no crosswalk to connect a bus stop with an apartment building it serves – nor any crosswalk for three blocks. A convicted hit-and-run driver who is half-blind and has alcohol and pain-killers in his system is considered less of a threat to the public than a woman who rides the bus and walks with her kids.

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A Google Street View image of the intersection where Raquel Nelson's four-year-old son was killed. There are no crosswalks in sight.

We don’t normally report on vehicle crashes here on the Capitol Hill blog, but this was so outrageous we couldn’t help ourselves.

A 30-year-old woman in Marietta, Georgia was convicted of vehicular homicide this week – and she wasn’t even driving a car. The woman was crossing the street with her three children when a driver, who had been drinking, hit and killed her four-year-old. The driver, Jerry Guy, was initially charged with “hit and run, first degree homicide by vehicle and cruelty to children,” Elise Hitchcock of the Atlanta Journal-Constitution reported. “Charges were later dropped to just the hit and run charge.”

The man has previously been convicted of two hit-and-runs – on the same day, in 1997, one of them on the same road where he killed Raquel Nelson’s son.

Guy will serve six months for killing the boy, but Nelson will serve up to 36 months – just for crossing the street with her child. Yes, it’s true: they were not in a crosswalk. Are there any crosswalks on that street at all?

Hitchcock at the AJC says:
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Pedestrian fatalities from 2000 to 2009 near the high school I graduated from, in Philadelphia's inner suburbs. Map your own neighborhoods at Transportation for America's website.

Over the last decade, nearly 48,000 people were killed in the simple act of walking. Many of them were on streets built only to accommodate fast-moving cars, without safe places for people to walk or cross the street.

Transportation for America’s new report, “Dangerous by Design,” includes rankings of states and metro areas, but you can zoom in even more precisely on your neighborhood or your kids’ school. Check out their interactive map to find pedestrian fatalities and identify trouble spots near you.

And don’t stop there. T4America is encouraging everyone who supports safer streets to take action and tell Congress to preserve funding for bicycle and pedestrian projects.

If a jumbo jet went down every month, Congress would pass laws left and right. If a consumer product injured someone every seven minutes, the feds would shut down production.

Well, that’s exactly how many Americans are being killed and injured in the act of walking pedestrian-unfriendly streets, according to our report, out today. But in the case of pedestrian safety, our federal tax dollars actually go to build streets that are designed to be perilous to children, the elderly and everyone else.

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With sporadic sidewalks, seven lanes, and crosswalks spaced a half mile or more apart, this arterial road in Atlanta doesn't even allow residents of the apartment complex at right — perhaps including the pedestrian in the center lane — to access the store across the street. Photo: National Complete Streets Coalition

If you had to cross this road on your walk to work, wouldn’t you rather drive?

Millions of Americans live in communities without safe places to walk. And so they either don’t walk, adding to traffic congestion with every trip, or they do walk, risking joining the ranks of the 47,700 pedestrians killed and 688,000 injured in crashes with automobiles in the last decade.

Transportation for America’s new report, “Dangerous by Design,” highlights that these deaths could have been prevented with better street design. But despite the fact that pedestrians account for 12 percent of all road fatalities, pedestrian safety only gets 1.5 percent of safety funding. “Worthy efforts to improve vehicle design, encourage seat belt and child booster seat use, eliminate drunk driving and end distracted driving have helped save the lives of thousands of motorists and their passengers,” writes report author Michelle Ernst. “Unfortunately, pedestrian fatalities have not received the same kind of attention or response.”

T4America’s analysis of the national traffic safety database reveals that more than 52 percent of pedestrian deaths happen on arterial roads designed to accommodate many cars on many lanes at high speeds, with little to no accommodation for people on foot. Those roads often lack sidewalks, crosswalks, and medians for safe pedestrian crossings. “All too often, the consequences of this lack of basic infrastructure are fatal,” the authors note. “Of the 40,037 pedestrian fatalities for which the location of the collision was known, more than 40 percent were killed where no crosswalk was available.”

People with few transportation options are especially vulnerable. Low-income people and people of color are disproportionately victims of traffic fatalities while on foot. Children too young to drive are also at risk: “Pedestrian injury is the third leading cause of death by unintentional injury for children 15 and younger, according to CDC mortality data,” Ernst writes. “Nearly 3,900 children 15 years and younger were killed while walking from 2000 through 2007, representing between 25 and 30 percent of all traffic deaths.”

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